Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 98 (2017GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals certain funds and accounts administered by the Division of Finance;
• modifies the duties of the director of the Division of Finance;
• removes certain reporting requirements from the Division of Finance;
• repeals provisions relating to adoption and use of a seal by the Division of Facilities Construction and Management; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DEPARTMENT OF ADMINISTRATIVE SERVICES
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill modifies and repeals provisions related to the Department of Administrative
Services and funds administered by the Division of Finance.
Highlighted Provisions:
This bill:
▸ repeals certain funds and accounts administered by the Division of Finance;
▸ modifies the duties of the director of the Division of Finance;
▸ removes certain reporting requirements from the Division of Finance;
▸ repeals provisions relating to adoption and use of a seal by the Division of Facilities
Construction and Management; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-17a-156
, as last amended by Laws of Utah 2016, Chapter 217
63A-3-103
, as last amended by Laws of Utah 2015, Chapter 175
63A-3-203
, as last amended by Laws of Utah 2016, Chapter 298
63A-3-205
, as last amended by Laws of Utah 2014, Chapter 227
63A-3-502
, as last amended by Laws of Utah 2016, Chapter 129
63A-5-204
, as last amended by Laws of Utah 2016, Chapters 298 and 300
77-32-201
, as last amended by Laws of Utah 2016, Chapter 177
77-32-401.5
, as last amended by Laws of Utah 2010, Chapter 286
77-32-402
, as enacted by Laws of Utah 1997, Chapter 354
78B-1-119
, as last amended by Laws of Utah 2014, Chapter 138
REPEALS:
53A-17a-157
, as last amended by Laws of Utah 2015, Chapter 122
59-12-120
, as last amended by Laws of Utah 2011, Chapter 303
77-32-701
, as last amended by Laws of Utah 2011, Chapter 303
77-32-702
, as last amended by Laws of Utah 1998, Chapter 333
77-32-703
, as last amended by Laws of Utah 1998, Chapter 333
77-32-704
, as last amended by Laws of Utah 1998, Chapter 333
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-17a-156
 is amended to read:
53A-17a-156.
Teacher Salary Supplement Program -- Appeal process.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Certificate teacher" means a teacher who holds a National Board certification.
(c) "Eligible teacher" means a teacher who:
(i) has an assignment to teach:
(A) a secondary school level mathematics course;
(B) integrated science in grade seven or eight;
(C) chemistry;
(D) physics; or
(E) computer science;
(ii) holds the appropriate endorsement for the assigned course;
(iii) has qualifying educational background; and
(iv) (A) is a new employee; or
(B) received a satisfactory rating or above on the teacher's most recent evaluation.
(d) "National Board certification" means the same as that term is defined in Section
53A-6-103
.
(e) "Qualifying educational background" means:
(i) for a teacher who is assigned a secondary school level mathematics course:
(A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements for a bachelor's degree
major, master's degree, or doctoral degree in mathematics;
(ii) for a teacher who is assigned a grade seven or eight integrated science course,
chemistry course, or physics course, a bachelor's degree major, master's degree, or doctoral
degree in:
(A) integrated science;
(B) chemistry;
(C) physics;
(D) physical science;
(E) general science; or
(F) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
degree listed in Subsections (1)(e)(ii)(A) through (E);
(iii) for a teacher who is assigned a computer science course, a bachelor's degree major,
master's degree, or doctoral degree in:
(A) computer science;
(B) computer information technology; or
(C) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
degree listed in Subsections (1)(e)(iii)(A) and (B).
(f) "Title I school" means a school that receives funds under the Elementary and
Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
(g) "Title I school certificate teacher" means a certificate teacher who is assigned to
teach at a Title I school.
(2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
money to [
the Teacher Salary Supplement Restricted Account established in Section
53A-17a-157
 to fund
] the Teacher Salary Supplement Program.
(b) Money appropriated for the Teacher Salary Supplement Program shall include
money for the following employer-paid benefits:
(i) retirement;
(ii) workers' compensation;
(iii) Social Security; and
(iv) Medicare.
(3) (a) (i) The annual salary supplement for an eligible teacher who is assigned full
time to teach one or more courses listed in Subsections (1)(c)(i)(A) through (E) is $4,100.
(ii) An eligible teacher who has a part-time assignment to teach one or more courses
listed in Subsections (1)(c)(i)(A) through (E) shall receive a partial salary supplement based on
the number of hours worked in a course assignment that meets the requirements of Subsections
(1)(c)(ii) and (iii).
(b) The annual salary supplement for a certificate teacher is $750.
(c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
(ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
and (c) may only receive the salary supplement that is greater in value.
(4) The board shall:
(a) create an online application system for a teacher to apply to receive a salary
supplement through the Teacher Salary Supplement Program;
(b) determine if a teacher:
(i) (A) is an eligible teacher; and
(B) has a course assignment as listed in Subsections (1)(c)(i)(A) through (E);
(ii) is a certificate teacher; or
(iii) is a Title I school certificate teacher;
(c) verify, as needed, the determinations made under Subsection (4)(b) with school
district and school administrators; and
(d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
teachers.
(5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
shall apply with the board before the conclusion of a school year to receive the salary
supplement authorized in this section.
(b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
apply with the board, after verification that the requirements under this section have been
satisfied, to receive a salary supplement after the completion of:
(i) the school year as an annual award; or
(ii) a semester or trimester as a partial award based on the portion of the school year
that has been completed.
(6) (a) The board shall establish and administer an appeal process for a teacher to
follow if the teacher applies for the salary supplement and is not certified under Subsection (4).
(b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
major with course requirements that are substantially equivalent to the course requirements for
a degree listed in:
(A) Subsection (1)(e)(i)(A);
(B) Subsections (1)(e)(ii)(A) through (E); or
(C) Subsections (1)(e)(iii)(A) and (B).
(ii) A teacher shall provide transcripts and other documentation to the board in order
for the board to determine if the teacher has a degree or degree major with course requirements
that are substantially equivalent to the course requirements for a degree listed in:
(A) Subsection (1)(e)(i)(A);
(B) Subsections (1)(e)(ii)(A) through (E); or
(C) Subsections (1)(e)(iii)(A) and (B).
(c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
(ii) A teacher shall provide to the board a certificate or other related documentation in
order for the board to determine if the teacher holds a current certificate.
(d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
(A) holds a current certificate; and
(B) is assigned to teach at a Title I school.
(ii) A teacher shall provide to the board:
(A) information described in Subsection (6)(c)(ii); and
(B) verification that the teacher is assigned to teach at a Title I school.
(7) (a) The board shall distribute money [
from
] 
appropriated to
 the Teacher Salary
Supplement [
Restricted Account
] 
Program
 to school districts and charter schools for the
Teacher Salary Supplement Program in accordance with the provisions of this section.
(b) The board shall include the employer-paid benefits described under Subsection
(2)(b) in the amount of each salary supplement.
(c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
salary supplement limits described under Subsection (3).
(8) (a) Money received from the Teacher Salary Supplement [
Restricted Account
]
Program
 shall be used by a school district or charter school to provide a salary supplement
equal to the amount specified in Subsection (3) for each eligible teacher, certificate teacher, or
Title I school certificate teacher.
(b) The salary supplement is part of the teacher's base pay, subject to the teacher's
qualification as an eligible teacher, a certificate teacher, or a Title I school certificate teacher
every year, semester, or trimester.
(9) Notwithstanding the provisions of this section, if the appropriation for the program
is insufficient to cover the costs associated with salary supplements, the board may limit or
reduce the salary supplements.
Section 2. Section 
63A-3-103
 is amended to read:
63A-3-103.
Duties of director of division -- Application to institutions of higher
education.
(1) The director of the Division of Finance shall:
(a) define fiscal procedures relating to approval and allocation of funds;
(b) provide for the accounting control of funds;
[
(c) approve proposed expenditures for the purchase of supplies and services;
]
[
(d)
] 
(c)
 promulgate rules that:
(i) establish procedures for maintaining detailed records of all types of leases;
(ii) account for all types of leases in accordance with generally accepted accounting
principles;
(iii) require the performance of a lease with an option to purchase study by state
agencies prior to any lease with an option to purchase acquisition of capital equipment; and
(iv) require that the completed lease with an option to purchase study be approved by
the director of the Division of Finance;
[
(e)
] 
(d)
 if the department operates the Division of Finance as an internal service fund
agency in accordance with Section 
63A-1-109.5
, submit to the Rate Committee established in
Section 
63A-1-114
:
(i) the proposed rate and fee schedule as required by Section 
63A-1-114
; and
(ii) other information or analysis requested by the Rate Committee;
[
(f)
] 
(e)
 oversee the Office of State Debt Collection;
[
(g)
] 
(f)
 publish the state's current constitutional debt limit on the Utah Public Finance
Website, created in Section 
63A-3-402
; and
[
(h)
] 
(g)
 prescribe other fiscal functions required by law or under the constitutional
authority of the governor to transact all executive business for the state.
(2) (a) Institutions of higher education are subject to the provisions of Title 63A,
Chapter 3, Part 1, General Provisions, and 
Title 63A, Chapter 3,
 Part 2, Accounting System,
only to the extent expressly authorized or required by the State Board of Regents under Title
53B, State System of Higher Education.
(b) Institutions of higher education shall submit financial data for the past fiscal year
conforming to generally accepted accounting principles to the director of the Division of
Finance.
(3) The Division of Finance shall prepare financial statements and other reports in
accordance with legal requirements and generally accepted accounting principles for the state
auditor's examination and certification:
(a) not later than 60 days after a request from the state auditor; and
(b) at the end of each fiscal year.
Section 3. Section 
63A-3-203
 is amended to read:
63A-3-203.
Accounting control over state departments and agencies --
Prescription and approval of financial forms, accounting systems, and fees.
(1) The director of the Division of Finance shall:
(a) exercise accounting control over all state departments and agencies except
institutions of higher education; and
(b) prescribe the manner and method of certifying that funds are available and adequate
to meet all contracts and obligations.
(2) The director shall audit all claims against the state for which an appropriation has
been made.
(3) (a) The director shall 
prescribe
:
(i) [
prescribe
] all forms of requisitions, receipts, vouchers, bills, or claims to be used
by all state departments and agencies; 
and
[
(ii) prescribe the forms, procedures, and records to be maintained by all departmental,
institutional, or agency store rooms;
]
[
(iii) exercise inventory control over the store rooms; and
]
[
(iv) prescribe
] 
(ii)
 all forms to be used by the division.
(b) Before approving the forms in Subsection (3)(a), the director shall obtain approval
from the state auditor that the forms will adequately facilitate the post-audit of public accounts.
(4) Before implementation by any state agency, the director of the Division of Finance
shall review and approve[
: (a)
] any accounting system developed by a state agency[
; and
]
.
[
(b) any fees established by any state agency to recover the costs of operations.
]
Section 4. Section 
63A-3-205
 is amended to read:
63A-3-205.
Revolving loan funds -- Standards and procedures.
(1) As used in this section, "revolving loan fund" means:
(a) the Water Resources Conservation and Development Fund, created in Section
73-10-24
;
(b) the Water Resources Construction Fund, created in Section 
73-10-8
;
(c) the Water Resources Cities Water Loan Fund, created in Section 
73-10-22
;
(d) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean
Fuels and Vehicle Technology Program Act;
(e) the Water Development Security Fund and its subaccounts, created in Section
73-10c-5
;
(f) the Agriculture Resource Development Fund, created in Section 
4-18-106
;
(g) the Utah Rural Rehabilitation Fund, created in Section 
4-19-4
;
(h) the Permanent Community Impact Fund, created in Section [
35A-8-603
]
35A-8-303
;
(i) the Petroleum Storage Tank Trust Fund, created in Section 
19-6-409
;
(j) the Uintah Basin Revitalization Fund, created in Section 
35A-8-1602
;
(k) the Navajo Revitalization Fund, created in Section 
35A-8-1704
; and
(l) the Energy Efficiency Fund, created in Section 
11-45-201
.
(2) The division shall for each revolving loan fund[
: (a)
] make rules establishing
standards and procedures governing:
[
(i)
] 
(a)
 payment schedules and due dates;
[
(ii)
] 
(b)
 interest rate effective dates;
[
(iii)
] 
(c)
 loan documentation requirements; and
[
(iv)
] 
(d)
 interest rate calculation requirements[
; and
]
.
[
(b) make an annual report to the Legislature containing:
]
[
(i) the total dollars loaned by that fund during the last fiscal year;
]
[
(ii) a listing of each loan currently more than 90 days delinquent, in default, or that
was restructured during the last fiscal year;
]
[
(iii) a description of each project that received money from that revolving loan fund;
]
[
(iv) the amount of each loan made to that project;
]
[
(v) the specific purpose for which the proceeds of the loan were to be used, if any;
]
[
(vi) any restrictions on the use of the loan proceeds;
]
[
(vii) the present value of each loan at the end of the fiscal year calculated using the
interest rate paid by the state on the bonds providing the revenue on which the loan is based or,
if that is unknown, on the average interest rate paid by the state on general obligation bonds
issued during the most recent fiscal year in which bonds were sold; and
]
[
(viii) the financial position of each revolving loan fund, including the fund's cash
investments, cash forecasts, and equity position.
]
Section 5. Section 
63A-3-502
 is amended to read:
63A-3-502.
Office of State Debt Collection created -- Duties.
(1) The state and each state agency shall comply with the requirements of this chapter
and any rules established by the Office of State Debt Collection.
(2) There is created the Office of State Debt Collection in the Division of Finance.
(3) The office shall:
(a) have overall responsibility for collecting and managing state receivables;
(b) assist the Division of Finance to develop consistent policies governing the
collection and management of state receivables;
(c) oversee and monitor state receivables to ensure that state agencies are:
(i) implementing all appropriate collection methods;
(ii) following established receivables guidelines; and
(iii) accounting for and reporting receivables in the appropriate manner;
(d) assist the Division of Finance to develop policies, procedures, and guidelines for
accounting, reporting, and collecting money owed to the state;
(e) provide information, training, and technical assistance to each state agency on
various collection-related topics;
(f) write an inclusive receivables management and collection manual for use by each
state agency;
(g) prepare quarterly and annual reports of the state's receivables;
(h) create or coordinate a state accounts receivable database;
(i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
effective accounts receivable program;
(j) identify any state agency that is not making satisfactory progress toward
implementing collection techniques and improving accounts receivable collections;
(k) coordinate information, systems, and procedures between each state agency to
maximize the collection of past-due accounts receivable;
(l) establish an automated cash receipt process between each state agency;
(m) assist the Division of Finance to establish procedures for writing off accounts
receivable for accounting and collection purposes;
(n) establish standard time limits after which an agency will delegate responsibility to
collect state receivables to the office or its designee;
(o) be a real party in interest for an account receivable referred to the office by any
state agency or for any restitution to victims referred to the office by a court; and
(p) allocate money collected for judgments registered under Section 
77-18-6
 in
accordance with Sections 
51-9-402
, 
63A-3-506
, and 
78A-5-110
.
(4) The office may:
(a) recommend to the Legislature new laws to enhance collection of past-due accounts
by state agencies;
(b) collect accounts receivables for higher education entities, if the higher education
entity agrees;
(c) prepare a request for proposal for consulting services to:
(i) analyze the state's receivable management and collection efforts; and
(ii) identify improvements needed to further enhance the state's effectiveness in
collecting its receivables;
(d) contract with private or state agencies to collect past-due accounts;
(e) perform other appropriate and cost-effective coordinating work directly related to
collection of state receivables;
(f) obtain access to records and databases of any state agency that are necessary to the
duties of the office by following the procedures and requirements of Section 
63G-2-206
,
including the financial disclosure form described in Section 
77-38a-204
;
(g) collect interest and fees related to the collection of receivables under this chapter,
and establish, by following the procedures and requirements of Section 
63J-1-504
:
(i) a fee to cover the administrative costs of collection, on accounts administered by the
office;
(ii) a late penalty fee that may not be more than 10% of the account receivable on
accounts administered by the office;
(iii) an interest charge that is:
(A) the postjudgment interest rate established by Section 
15-1-4
 in judgments
established by the courts; or
(B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
receivable for which no court judgment has been entered; and
(iv) fees to collect accounts receivable for higher education;
(h) collect reasonable attorney fees and reasonable costs of collection that are related to
the collection of receivables under this chapter;
(i) make rules that allow accounts receivable to be collected over a reasonable period
of time and under certain conditions with credit cards;
(j) file a satisfaction of judgment in the court by following the procedures and
requirements of the Utah Rules of Civil Procedure;
(k) ensure that judgments for which the office is the judgment creditor are renewed, as
necessary;
(l) notwithstanding Section 
63G-2-206
, share records obtained under Subsection (4)(f)
with private sector vendors under contract with the state to assist state agencies in collecting
debts owed to the state agencies without changing the classification of any private, controlled,
or protected record into a public record;
(m) enter into written agreements with other governmental agencies to obtain
information for the purpose of collecting state accounts receivable and restitution for victims;
and
(n) collect accounts receivable for a political subdivision of the state, if the political
subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
receivable.
(5) The office shall ensure that:
(a) a record obtained by the office or a private sector vendor as referred to in
Subsection (4)(l):
(i) is used only for the limited purpose of collecting accounts receivable; and
(ii) is subject to federal, state, and local agency records restrictions; and
(b) any person employed by, or formerly employed by, the office or a private sector
vendor as referred to in Subsection (4)(l) is subject to:
(i) the same duty of confidentiality with respect to the record imposed by law on
officers and employees of the state agency from which the record was obtained; and
(ii) any civil or criminal penalties imposed by law for violations of lawful access to a
private, controlled, or protected record.
(6) (a) The office shall collect accounts receivable ordered by a court as a result of
prosecution for a criminal offense that have been transferred to the office under Subsection
76-3-201.1
(5)(h) [
or (8)
].
(b) The office may not assess the interest charge established by the office under
Subsection (4) on an account receivable subject to the postjudgment interest rate established by
Section 
15-1-4
.
(7) The office shall require a state agency to:
(a) transfer collection responsibilities to the office or its designee according to time
limits established by the office;
(b) make annual progress towards implementing collection techniques and improved
accounts receivable collections;
(c) use the state's accounts receivable system or develop systems that are adequate to
properly account for and report their receivables;
(d) develop and implement internal policies and procedures that comply with the
collections policies and guidelines established by the office;
(e) provide internal accounts receivable training to staff involved in the management
and collection of receivables as a supplement to statewide training;
(f) bill for and make initial collection efforts of its receivables up to the time the
accounts must be transferred; and
(g) submit quarterly receivable reports to the office that identify the age, collection
status, and funding source of each receivable.
[
(8) The office shall use the information provided by the agencies and any additional
information from the office's records to compile a one-page summary report of each agency.
]
[
(9) The summary shall include:
]
[
(a) the type of revenue that is owed to the agency;
]
[
(b) any attempted collection activity; and
]
[
(c) any costs incurred in the collection process.
]
[
(10) The office shall annually provide copies of each agency's summary to the
governor and to the Legislature.
]
[
(11)
] 
(8)
 All interest, fees, and other amounts authorized to be charged by the office
under Subsection (4):
(a) are penalties that may be charged by the office; and
(b) are not compensation for actual pecuniary loss.
Section 6. Section 
63A-5-204
 is amended to read:
63A-5-204.
Specific powers and duties of director.
(1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
same meaning as provided in Section 
63C-9-102
.
(2) (a) The director shall:
(i) recommend rules to the executive director for the use and management of facilities
and grounds owned or occupied by the state for the use of its departments and agencies;
(ii) supervise and control the allocation of space, in accordance with legislative
directive through annual appropriations acts or other specific legislation, to the various
departments, commissions, institutions, and agencies in all buildings or space owned, leased, or
rented by or to the state, except capitol hill facilities and capitol hill grounds and except as
otherwise provided by law;
(iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3,
Division of Facilities Construction and Management Leasing;
(iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature
through the appropriations act or other specific legislation, and hold title to, in the name of the
division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its
agencies;
[
(v) adopt and use a common seal, of a form and design determined by the director, and
of which courts shall take judicial notice;
]
[
(vi) file a description and impression of the seal with the Division of Archives;
]
[
(vii)
] 
(v)
 collect and maintain all deeds, abstracts of title, and all other documents
evidencing title to or interest in property belonging to the state or any of its departments, except
institutions of higher education and the School and Institutional Trust Lands Administration;
[
(viii)
] 
(vi)
 report all properties acquired by the state, except those acquired by
institutions of higher education, to the director of the Division of Finance for inclusion in the
state's financial records;
[
(ix)
] 
(vii)
 before charging a rate, fee, or other amount for services provided by the
division's internal service fund to an executive branch agency, or to a subscriber of services
other than an executive branch agency:
(A) submit the proposed rates, fees, and cost analysis to the Rate Committee
established in Section 
63A-1-114
; and
(B) obtain the approval of the Legislature as required by Section 
63J-1-410
;
[
(x)
] 
(viii)
 conduct a market analysis by July 1, 2005, and periodically thereafter, of
proposed rates and fees, which analysis shall include a comparison of the division's rates and
fees with the fees of other public or private sector providers where comparable services and
rates are reasonably available;
[
(xi)
] 
(ix)
 implement the State Building Energy Efficiency Program under Section
63A-5-701
;
[
(xii)
] 
(x)
 convey, lease, or dispose of the real property or water rights associated with
the Utah State Developmental Center according to the Utah State Developmental Center
Board's determination, as described in Subsection 
62A-5-206.6
(5); and
[
(xiii)
] 
(xi)
 take all other action necessary for carrying out the purposes of this chapter.
(b) Legislative approval is not required for acquisitions by the division that cost less
than $250,000.
(3) (a) The director shall direct or delegate maintenance and operations, preventive
maintenance, and facilities inspection programs and activities for any agency, except:
(i) the State Capitol Preservation Board; and
(ii) state institutions of higher education.
(b) The director may choose to delegate responsibility for these functions only when
the director determines that:
(i) the agency has requested the responsibility;
(ii) the agency has the necessary resources and skills to comply with facility
maintenance standards approved by the State Building Board; and
(iii) the delegation would result in net cost savings to the state as a whole.
(c) The State Capitol Preservation Board and state institutions of higher education are
exempt from Division of Facilities Construction and Management oversight.
(d) Each state institution of higher education shall comply with the facility
maintenance standards approved by the State Building Board.
(e) Except for the State Capitol Preservation Board, agencies and institutions that are
exempt from division oversight shall annually report their compliance with the facility
maintenance standards to the division in the format required by the division.
(f) The division shall:
(i) prescribe a standard format for reporting compliance with the facility maintenance
standards;
(ii) report agency compliance or noncompliance with the standards to the Legislature;
and
(iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
complying with the standards.
(4) (a) In making any allocations of space under Subsection (2), the director shall:
(i) conduct studies to determine the actual needs of each agency; and
(ii) comply with the restrictions contained in this Subsection (4).
(b) The supervision and control of the legislative area is reserved to the Legislature.
(c) The supervision and control of the judicial area is reserved to the judiciary for trial
courts only.
(d) The director may not supervise or control the allocation of space for entities in the
public and higher education systems.
(e) The supervision and control of capitol hill facilities and capitol hill grounds is
reserved to the State Capitol Preservation Board.
(5) The director may:
(a) hire or otherwise procure assistance and services, professional, skilled, or
otherwise, that are necessary to carry out the director's responsibilities, and may expend funds
provided for that purpose either through annual operating budget appropriations or from
nonlapsing project funds;
(b) sue and be sued in the name of the division; and
(c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the
Legislature, whatever real or personal property that is necessary for the discharge of the
director's duties.
(6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may
hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
other than administration that are under their control and management:
(a) the Office of Trust Administrator;
(b) the Department of Transportation;
(c) the Division of Forestry, Fire, and State Lands;
(d) the Department of Natural Resources;
(e) the Utah National Guard;
(f) any area vocational center or other institution administered by the State Board of
Education;
(g) any institution of higher education; and
(h) the Utah Science Technology and Research Governing Authority.
(7) The director shall ensure that any firm performing testing and inspection work
governed by the American Society for Testing Materials Standard E-329 on public buildings
under the director's supervision shall:
(a) fully comply with the American Society for Testing Materials standard
specifications for agencies engaged in the testing and inspection of materials known as ASTM
E-329; and
(b) carry a minimum of $1,000,000 of errors and omissions insurance.
(8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust
Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
held by it that are under its control.
Section 7. Section 
77-32-201
 is amended to read:
77-32-201.
Definitions.
For the purposes of this chapter:
(1) "Board" means the Indigent Defense Funds Board created in Section 
77-32-401
.
(2) "Commission" means the Utah Indigent Defense Commission created in Section
77-32-801
.
(3) "Compelling reason" shall include one or more of the following circumstances
relating to the contracting attorney:
(a) a conflict of interest;
(b) the contracting attorney does not have sufficient expertise to provide an effective
defense of the indigent; or
(c) the legal defense is insufficient or lacks expertise to provide a complete defense.
(4) "Defense resources" means a competent investigator, expert witness, scientific or
medical testing, or other appropriate means necessary, for an effective defense of an indigent,
but does not include legal counsel.
(5) "Defense services provider" means a legal aid association, legal defender's office,
regional legal defense association, law firm, attorney, or attorneys contracting with a county or
municipality to provide legal defense and includes any combination of counties or
municipalities to provide regional indigent criminal defense services.
(6) "Effective representation" means legal representation consistent with the Sixth
Amendment to the United States Constitution, and Utah Constitution, Article I, Section 12, as
interpreted through federal and Utah state appellate courts.
(7) "Indigent" means a person qualifying as an indigent under indigency standards
established in Part 3, Counsel for Indigents.
(8) "Indigent criminal defense services" means the provision of a defense services
provider and defense resources to a defendant who is:
(a) being prosecuted or sentenced for a crime for which the defendant may be
incarcerated upon conviction, beginning with the defendant's initial appearance in court to
answer to the criminal charge; and
(b) determined to be indigent under Section 
77-32-202
.
(9) "Indigent criminal defense system" means:
(a) indigent criminal defense services provided by local units of government, including
counties, cities, and towns funded by state and local government; or
(b) indigent criminal defense services provided by regional legal defense funded by
state and local government.
(10) "Legal aid association" means a nonprofit defense association or society that
provides legal defense for indigent defendants.
(11) "Legal defender's office" means a division of county government created and
authorized by the county legislative body to provide legal representation in criminal matters to
indigent defendants.
(12) "Legal defense" means to:
(a) provide defense counsel for each indigent who faces the potential deprivation of the
indigent's liberty;
(b) afford timely representation by defense counsel;
(c) provide the defense resources necessary for a complete defense;
(d) assure undivided loyalty of defense counsel to the client;
(e) provide a first appeal of right; and
(f) prosecute other remedies before or after a conviction, considered by defense counsel
to be in the interest of justice except for other and subsequent discretionary appeals or
discretionary writ proceedings.
(13) "Local funding" includes funding by an indigent criminal defense system for
defense services. Local funding may be adjusted annually to reflect population growth and
inflation for consideration of state funding for indigent criminal defense resources and critical
need indigent criminal defense providers.
(14) "Participating county" means a county that has complied with the provisions of
this chapter for participation in the Indigent Aggravated Murder Defense Trust Fund as
provided in Sections 
77-32-602
 and 
77-32-603
 [
or the Indigent Felony Defense Trust Fund as
provided in Sections 
77-32-702
 and 
77-32-703
].
(15) "Regional legal defense" means a defense services provider which provides legal
defense to any combination of counties or municipalities through an interlocal cooperation
agreement pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, and Subsection
77-32-306
(3).
(16) "Serious offense" means a felony or capital felony.
[
(18)
] 
(17)
 "Shared state and local funding" means the recognition of the state's
constitutional responsibility for the provision of indigent defense services and the collaborative
assistance by indigent criminal defense systems to fairly provide effective representation in the
state, consistent with the safeguards of the United States Constitution, the Utah Constitution,
and this chapter.
[
(17)
] 
(18)
 "State funding" means funding by the state for:
(a) the establishment of a statewide indigent criminal defense data collection system;
(b) defense resources; and
(c) critical need defense services providers.
Section 8. Section 
77-32-401.5
 is amended to read:
77-32-401.5.
Interim board -- Members -- Administrative support -- Duties.
(1) Until the Indigent Defense Funds Board authorized by Section 
77-32-401
 is
constituted after achieving the number of participating counties required by [
Sections
] 
Section
77-32-604
 [
and 
77-32-704
], an interim board may be created within the Division of Finance
composed of the following three members:
(a) a county commissioner from a county participating in the Indigent Inmate Trust
Fund pursuant to Section 
77-32-502
 appointed by the Utah Association of Counties;
(b) a county attorney from a county participating in the Indigent Inmate Trust Fund
pursuant to Section 
77-32-502
 appointed by the Utah Association of Counties; and
(c) a representative appointed by the Administrative Office of the Courts.
(2) The Division of Finance shall provide administrative support to the interim board.
(3) (a) Members shall serve until the Indigent Defense Funds Board is constituted.
(b) When a vacancy occurs in the membership for any reason, a replacement shall be
appointed for the remaining unexpired term in the same manner as the original appointment.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) The per diem and travel expenses for board members under Subsection (4) shall be
paid from the Indigent Inmate Trust Fund in Section 
77-32-502
.
(6) Until the Indigent Defense Funds Board is constituted, the interim board shall be
authorized to carry out any responsibility provided to the Indigent Defense Funds Board in
statute as it relates to Chapter 32, Part 5, Indigent Inmates.
(7) The action by two members present shall constitute the action of the board.
Section 9. Section 
77-32-402
 is amended to read:
77-32-402.
Duties of board.
(1) The board shall:
(a) establish rules and procedures for the application by counties for disbursements,
and the screening and approval of the applications for money from the:
(i) Indigent Inmate Trust Fund established in Part 5, Indigent Inmates; 
and
(ii) Indigent Capital Defense Trust Fund established in Part 6, Indigent Capital Defense
Trust Fund; [
and
]
[
(iii) Indigent Felony Defense Trust Fund established in Part 7, Indigent Felony
Defense Trust Fund;
]
(b) receive, screen, and approve or disapprove the application of counties for
disbursements from each fund;
(c) calculate the amount of the annual contribution to be made to the funds by each
participating county;
(d) prescribe forms for the application for money from each fund;
(e) oversee and approve the disbursement of money from each fund as provided in
Sections [
77-32-401
,
] 
77-32-502
[
,
] 
and
77-32-601[
, and 
77-32-701
];
(f) establish its own rules of procedure, elect its own officers, and appoint committees
of its members and other people as may be reasonable and necessary; 
and
(g) negotiate, enter into, and administer contracts with legal counsel, qualified under
and meeting the standards consistent with this chapter, to provide defense counsel services to:
(i) indigents prosecuted in participating counties for serious offenses in violation of
state law; and
(ii) an indigent inmate who is incarcerated in certain counties.
(2) The board may provide to the court a list of attorneys qualified under Utah Rules of
Criminal Procedure, Rule 8, with which the board has a preliminary contract to defend indigent
cases for an assigned rate.
Section 10. Section 
78B-1-119
 is amended to read:
78B-1-119.
Jurors and witnesses -- Fees and mileage.
(1) Every juror and witness legally required or in good faith requested to attend a trial
court of record or not of record or a grand jury is entitled to:
(a) $18.50 for the first day of attendance and $49 per day for each subsequent day of
attendance; and
(b) if traveling more than 50 miles, $1 for each four miles in excess of 50 miles
actually and necessarily traveled in going only, regardless of county lines.
(2) Persons in the custody of a penal institution upon conviction of a criminal offense
are not entitled to a witness fee.
(3) A witness attending from outside the state in a civil case is allowed mileage at the
rate of 25 cents per mile and is taxed for the distance actually and necessarily traveled inside
the state in going only.
(4) If the witness is attending from outside the state in a criminal case, the state shall
reimburse the witness under Section 
77-21-3
.
(5) A prosecution witness or a witness subpoenaed by an indigent defendant attending
from outside the county but within the state may receive reimbursement for necessary lodging
and meal expenses under rule of the Judicial Council.
(6) A witness subpoenaed to testify in court proceedings in a civil action shall receive
reimbursement for necessary and reasonable parking expenses from the attorney issuing the
subpoena under rule of the Judicial Council or Supreme Court.
[
(7) There is created within the General Fund, a restricted account known as the CASA
Volunteer Account. A juror may donate the juror's fee to the CASA Volunteer Account in
$18.50 or $49 increments. The Legislature shall annually appropriate money from the CASA
Volunteer Account to the Administrative Office of the Courts for the purpose of recruiting,
training, and supervising volunteers for the Court Appointed Special Advocate program
established pursuant to Section 
78A-6-902
.
]
Section 11. 
Repealer.
This bill repeals:
Section 
53A-17a-157
,
Teacher Salary Supplement Restricted Account.
Section 
59-12-120
,
Investment incentive to ski resorts for lease or purchase of
certain equipment -- Ski Resort Capital Investment Restricted Account created --
Conditions and restrictions on receiving incentive -- State Tax Commission to administer.
Section 
77-32-701
,
Establishment of Indigent Felony Defense Trust Fund -- Use of
fund -- Compensation for indigent legal defense from fund.
Section 
77-32-702
,
County participation.
Section 
77-32-703
,
Computing participating county assessments.
Section 
77-32-704
,
Application and qualification for fund money.